St. Paul daily globe., 1887-12-21
Opinion From Attorney-Gen-
eral Clapp On the Laws
Intent and Scope.
The Council Makes an Appro-
priation to Purchase a
New POSt-Office Site.
Building Inspector Johnson's
Salary Fund---Routine Of
the Aldermen.

Tie COullcll dJ It's HletGlDS laSJ nlSNI-
The ordinance is based upon the pr0viso
to section of the high license law
passed by the legislature, which reads
as follows: provided that no license
shall be granted for longer period than
one year, or for period beyond twenty
days after the annual election in
such village or city next ensuing
after the date of such licenses"
Mr. Murray wrote to Attorney General
Clapp Monday for his opinion, as the
law officer of the state, on this point.
Attorney General Clapp submitted such
an opinion, which was read at the meet
ing last night. 1t is plain, but exhaust
i've, and gives full sanction to the Or
dinance as passed. He says:
IF, in the case of a city holding its
election on the 1St of May, an applica-
ton should be made for license on the
10th of May to run until twenty days
after the next annual election, which
would. III such case, be year and ten
days, it has been cOntended that the
LIMITATION OF ONE YFAR
would restrict the power to grant such
licenses to period of one year If, in
case an election was held on the 1st of
v.
the 1St of June, it has been contended
that the right of the authority to grant
for one year would be under the proviso
referred to, limited to aperiod OF twenty
days after the next annual election. In
other words. it has been cOntended that
the two clauses were each limitation
upon the other. But. without discus
sing that question. it is enough to say
that it plainly appears that there are
two classes of licenses to which this
provisO does not apply.
FirSt-ThOSe granted by county COM
miSSiOnerS. which. under the terms of
the law of 1881, must all terminate on
the second Tuesday of January.
SecOnd-Licenses granted in cities in
which no annual election is held.
l am advised by your letter that the
election for the city officers for the city
of St. Paul is fixed on the second Tues
day of May. 1888. and every two years
thereafter. There being, then, no annual
election held in the city of st. Paul,
proviso applying to annual elections
would not apply to this city, and we
would be left with the simple limitation
that no license shall be granted for
longer period than one year.
| am of the opinion, therefore, that
have the authority to grant licenses for
a period of one year. Such plainly APP
pears from the provisions of the law re-
ferred to-"
MIR. MURRAY'S ORDINANCE.
Section l of the ordinance read last
night provides for the manner of max
ing applications for licenses. which must
be filed with the city clerk, who will
cause publication to be made in the Off
cial paper of the city once a week tor
two weeks. All persons now selling
under license, or intending to
obtain a license, must make appli-
cation within six days after the
publication of this ordinance. In case
of objections to granting the license a
time must be set for hearing before
the council. Section provides for the
filing of bond by applicants. In sec
tion the council is authorized to issue
licenses as follows: Upon all applica-
tions for license made prior to a period
not beyond twenty days after the next
municipal election of the city of st.
Paul, for term ending May 2S, 1855:
and upon all applications for licenses
for the term of one year after said
date" Section 4 provides for the as
Signment, or transfer of licenses, which
the person to whom the same is so as
signed being required to make applica-
ton and file bond; and as
in the original case, if Objec-
tions are made, they shall be heard
by the council before the transfer is
granted. Holders of licenses, desiring
to change their place Of business are
subject to the same requirements. Sec
ton provides that the city clerk shall
keep a complete record of all licenS :
transactions. Section 6 provides for
the punishment of persons selling llq-
uor without license according to the
statute laws of the state. Section is
unchanged from the old ordinance. 1t
provides for the closing of saloons be-
tween II o'clock midnight, and in the
morning; forbids gambling or any
game of chance i'll or
about solOons; and prohibits the
presence of diSreputable and lewd char
acterS in any bar room or place where
liquor is sold. Section S reads: Every
person who shall take out license to
sell Intoxicating liquors prior to the
2Sth day of May, 1888, shall be entitled
to rebate thereon upon his applica-
ton for continuance of such license
for the succeeding year. which rebate
shall be credited to them in part pay
ment for their license for said year when
they apply and pay for the same. and in
no other case or to no other person or
persons other than the one named in the
preceding license, shall such portion
of the amount required to be paid for
such license, as the portion of the pro-
ceedS bears to the enti re-"
IT WAS REFERRED.
tbn
Hamm moved that it be referred to the
committee on licenses, and Aid. Petsch
amended to refer to the committee on
licenses and the committee on Ordi-
nanceS. Aid. SanbOrn objected to the
reference OH the ground that the council
would not have another meeting this
year. He argued that if the license fee
was not fixed at once, after Jan. sa-
loonkeepers would be liable to prosecu-
ton from the state authorities. The
vote stood twelve to two on the motion
to refer, Aid. SanbOrn and Aid. Dow
Ian voting in the negative. Aid. San
born then offered the following, and
moved its adoption:
Resolved, That 81 900 is hereby fixed
and declared to be the license for all
licenses for the sale of Intoxicating liq-
uorS that shall hereafter be issued or
rendered III THIS city. unuer luS charter
and ordinances and the provisions of
chapters five and six of the general laws
of A. ID. 1887. of the state of Minnesota,
and the city clerk of this city is author
lied to issue such licenses under the
supervision of the committee on license,
to applicants who shall comply with
the provisions of said charter, ordInan-
ceS and laws.
Aid. Hamm moved to refer the reSo-
luton with the ordinance, and the mo-
ton carried by the same vote.
A NEW PGST0FFICE.
In pursuance of Mr.. Murray's plan,
submitted at the executive session of
the chamber of commerce Monday morn
ing for the purchase from Mark Cos
tello of the lot adjoining the city hall
property OF Fifth and Market streets,
the object being to present the. entire
block to the government upon which to
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